Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1935 of 2019 Applicant :- Taufiq Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Taufiq seeks bail in Case Crime No. 295 of 2018 under Sections 363, 354, 354A, 354B, 506 IPC and 7/8 Protection of Children From Sexual Offences Act, 2012 and 3(1)Gha SC/ST Act, P.S. Shyamdeurawa, District- Maharajganj.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant further submitted that applicant has not been named in the FIR and his name has surfaced subsequently in the second statement of Dina Nath. Learned counsel next submitted that co-accused Jitendra Kewat, Shailesh Kewat has been granted bail by this Court in Criminal Appeal No. 6782 of 2018 and 6783 of 2018 vide order dated 11.01.2019. Lastly, it is submitted that applicant is in jail since 19.09.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts that applicant is in jail since 19.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Taufiq be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 Ujjawal